Divorce in Vietnam, whether by mutual consent or unilaterally, often becomes prolonged due to both objective and subjective factors. This article reveals the reasons behind these delays, legal procedures, and effective solutions to increase the chances of a quicker outcome.

1. Legal and Procedural Reasons

According to LuatVietnam, a unilateral divorce case can take 4–6 months, while a mutual consent divorce typically takes 2–3 months. If there are complicated disputes involving property or child custody, the duration may be even longer.

Clause 4, Article 85 of the Civil Procedure Code (2025) states that parties cannot authorize someone else to participate in the litigation process, only for tasks like submitting the application or paying court fees. If a party is absent, they must submit a request for trial in absentia. Some cases are required to go through court-mediated reconciliation, which also prolongs the process.

2. Subjective Causes from the Spouses

a) Ongoing Conflicts and Value Differences

Approximately 70–80% of divorce cases result from differences in lifestyle, perspectives, and personal values. These issues often go unresolved, leading to multiple reconciliation sessions and delays.

b) Infidelity and Unfaithfulness

Adultery is a major reason for marriage breakdowns and is also a legal basis for the court to approve unilateral divorce petitions.

c) Financial Pressure and Abuse

Financial stress, income inequality, job instability, and bad habits like gambling and alcoholism often worsen marital conflicts.

d) Domestic Violence

Physical and emotional abuse is recognized by the court as a valid reason for unilateral divorce.

3. Subjective Causes from the Court

a) Multiple Reconciliation Attempts

The law requires courts to organize reconciliation sessions before proceeding to trial. Repeated failed attempts extend the processing time.

b) Incomplete or Invalid Documentation

If the divorce file lacks essential evidence (e.g., proof of domestic violence or joint property), the court will request additional documents, which takes about 7–15 days.

c) Multiple Absences of the Litigants

If one party is absent without submitting a request for trial in absentia, the court must postpone the hearing multiple times, which further delays the case.

4. Consequences of Prolonged Divorce

Higher Costs: More expenses incurred from repeated court fee payments, travel, and legal services.
Mental Strain: Living in an unstable environment causes emotional stress and negatively affects children.
Increased Risk of New Disputes: As time drags on, new issues may arise related to property or custody.

5. Solutions to Shorten the Process

a) Prepare a Complete Dossier

Include a valid divorce petition (mutual or unilateral) with all necessary stamps.
Provide clear evidence of violence, infidelity, and property details.
Attach a formal request for trial in absentia if needed.

b) Skip Mediation Center if Not Needed

The law allows the case to skip the mediation center if both parties cannot reach an agreement, saving valuable time.

c) Clearly Prove Grounds for Divorce

For unilateral divorce, present solid evidence such as videos, written statements, or domestic violence reports. Document failed reconciliation attempts.

d) Request Trial in Absentia

If the other party is far away or unable to attend, submit the correct form for a trial in absentia to avoid multiple delays.

e) Consult a Legal Professional

A specialized divorce lawyer can help prepare documents properly, file them with the correct court, and resolve disputes efficiently.

6. Priority Case – Mutual Consent Divorce

When there are no disputes over property or children and both parties agree:

The court handles the case faster, typically within 2–3 months.
Only basic procedures like fee payment and document verification are required.

7. Conclusion

Divorces in Vietnam are often prolonged due to complex documentation, disputes, reconciliation sessions, and absence of litigants. To minimize delays:

Prepare a complete file with clear evidence;
Skip unnecessary mediation procedures if both parties agree;
Understand and apply the rules for trial in absentia if needed;
Seek support from a professional lawyer.

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Reasons Why Divorce with a Vietnamese Spouse Gets Prolonged and How to Resolve It